04-17 Resolution No. 04-17
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT
WITH CRAWFORD,MURPHY AND TILLY, INC. FOR THE
SPARTAN DRIVE EXTENSION PROJECT—SECTION 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute Amendment No. 1 to an Agreement on behalf of the City of Elgin with Crawford,
Murphy & Tilly, Inc. for additional design services for the Spartan Drive Extension Project —
Section 2, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 11, 2004
Adopted: February 11, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
I
City of Elgin,Illinois
Spartan Drive Extension—Section 2
Kane County
Amendment No. 1
To The
Agreement Of Consultant's Services
This Amendment No. 1 entered into this /(?play of F c , 2004,by and between the City
of Elgin, an Illinois Municipal Corporation(hereinafter referred to as"CITY")and Crawford,Murphy,
and Tilly, Inc., a Delaware corporation, (hereinafter referred to as"ENGINEER"), shall modify that
Agreement dated March 8th, 2002,whereby the ENGINEER was engaged by the CITY to perform certain
professional services in connection with Spartan Drive Extension- Section 2 (hereinafter referred to as
"ORIGINAL AGREEMENT"and"PROJECT", respectively).
WHEREAS,ORIGINAL AGREEMENT(at paragraphs IV (A)and(B))provided for a maximum
payment of$185,353.47,
WHEREAS, a wetland investigation had previously been prepared( in October 1998 by others)as part of
a Project Development Report(PDR) for this PROJECT. By U.S. Army Corps of Engineers(USCOE)
and Illinois Department of Natural Resources (IDNR)requirements, the original report had expired and
the wetlands needed to be re-delineated. The original scope of service was based on the ability to utilize
the previous wetland investigation and only provided the effort required for development of a mitigation
plan for the wetlands as delineated therein, and
WHEREAS, a soils investigation had also previously been completed for this PROJECT(on March 3,
2000 by others)and the scope of services contained within the executed Agreement provided only for
three additional soil borings per the recommendation of the previous soils investigation.The estimated
effort for this task was based on the assumption that the recommendations in the original report were
adequate to use for design and that the only necessary work would be completion of the original three soil
borings. After design refinement and further analysis of soil conditions, it was determined that due to the
subgrade materials encountered,additional testing beyond the three borings contained within our original
scope would be required.Testing Service Corporation,the ENGINEER'S materials sub-consultant, also
advised that there had been changes to the Illinois Department of Transportation design criteria utilized in
the preparation of the Project Development Report requiring additional Geotechnical testing and
evaluation, and
WHEREAS, changes in 2003 to the USCOE jurisdiction and regulations regarding waters of the United
States required that the PROJECT be permitted as an Individual Permit(IP)rather than a Regional Permit
(RP)as identified in the Project Development Report and the scope of service contained within the
original Agreement requiring additional services, and
WHEREAS, during the permitting process the USCOE has requested that a Phase I and potentially a
Phase II Archaeological Survey be completed as part of the permit requirements for this PROJECT.No
provisions were included in the original scope of services for archaeological related services, and
02265-01-00 Page 1 of 3 Revised December 17,2003
I
WHEREAS,the CITY has determined that it is appropriate to re-evaluate the PROJECT and requested
ENGINEER to evaluate alternate roadway alignments, construction cost and permitting requirements, and
WHEREAS,the CITY has requested ENGINEER to coordinate a soil investigation and boring program
for the alternate alignments selected to be evaluated by the CITY, and
WHEREAS, the CITY has requested ENGINEER provide engineering services to coordinate and assist
in the preliminary re-evaluation of the PROJECT,and
WHEREAS,the circumstances,which necessitated this amendment, were not reasonably foreseeable nor
were they within the contemplation of the Agreement as executed, and
NOW THEREFORE BE IT RESOLVED, that paragraphs IV (A) and (B) of the ORIGINAL
AGREEMENT be revised to provide a not to exceed payment of$320,353.47. Further, that the Scope of
Services contained within the ORIGINAL AGREEMENT be amended to include before mentioned
additional services requested by the CITY and provided by the ENGINEER, and
FURTHER BE IT RESOLVED, that the remainder of the ORIGINAL AGREEMENT shall remain in
full force and effect except as Specifically modified herein.
amendment 1.rev 12-17.doc Page 2 of 3 Amendment No.1
IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this
Agreement in triplicate a though each copy hereof was an original and that there are no other oral
Agreements hat have not been reduced to writing in this statement.
For the CITY:
(SEAL)
ATTEST: THE CITY OF ELGIN, ILLINOIS
By m --- By �.---
City Clerk City Manager
For the ENGINEER:
Dated this 1+111 day of /0t , A.D., 2003
(SEAL)
ATTEST: C WFORD, URPHY&TILLY, INC.
By p 6. As'a - I (Ai
Kevin D. Nelson, P.E. Brian R Welker, P.E.
Senior Manager Office Co-manager
amendment_I.rev 12-17.doc Page 3 of 3 Amendment No. 1
`0 OF Etc
`--�J City of Elgin Agenda Item No.
r
�bb.fiEpEF�
L 401
G "rsr r l
pts
January 23, 2004 i minpoi
FINANCIALLY STABLE C ITY GOVERNMENT
TO: Mayor and Members of the City CouncilFi l KRN1 SEINR LI,
AND OUALIT Y INFRASTRUCTURE
FROM: David M. Dorgan, City Manager
John M. Loete, Public Works Dir ctor
SUBJECT: Amendment No. 1 to an Agreement with Crawford, Murphy & Tilly, Inc. (CMT)
for Additional Design Engineering Services for the Spartan Dr. Extension
(Section 2) Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider Amendment No. 1 to the engineering services agreement with CMT for
additional design engineering services for the Spartan Drive Extension(Section 2)Project.
RECOMMENDATION
It is recommended that the City Council authorize Amendment No. 1 with CMT in the amount of
$135,000 and authorize staff to execute the necessary documents.
BACKGROUND
The original agreement with CMT ($185,353.47) for design engineering services for the Spartan
Drive Extension (Section 2) Project was authorized by City Council on February 13, 2002. This
Amendment No. 1 ($135,000) will provide for additional engineering services needed to
complete the plans and specifications, investigate an alternate roadway alignment and to secure
the permit from the Corp of Engineers for construction activities in wetlands.
The scope of work for the original agreement with CMT was based on their being able to utilize
preliminary design work started by another engineering firm. As CMT's work progressed, it was
quickly determined that the previous soils investigation was not adequate. The route for the
proposed roadway extension contains very poor soils and, in order to accurately determine the
limits of these soils, additional soil borings were needed at a cost of$10,500.
Additionally, an extensive amount of additional effort is being required to obtain the Corps of
Engineers permit for construction in a wetlands area. When the original agreement with CMT
was authorized, it had been indicated by the Corps of Engineers that the construction of Spartan
• .
r Amendment No. 1 (CMT) Spartan Dr. Ext. — Section 2
January 23, 2004
Page 2
Drive could be done under a regional permit which allows for an expedited application and
review process. Shortly after design work began, the Corps of Engineers advised the City that
changes in their policies would now require the City to obtain an "individual permit" for
construction of the project through the wetlands. The review and hearing process for this type of
permit is twice as long as for the regional permit and is requiring much more work for the
environmental sub-consultant, Christopher Burke and Associates. This effort will also include
the design of wetland mitigation steps that must be added to the plans once the Corps outlines the
level that must be met.
CMT is also re-examining alternate roadway alignments that could result in lower construction
costs and substantially less impact to the wetlands. The new alignment would have to be
approved by ECC as the City's partner in this project. CMT is requesting an additional $124,500
to complete the additional wetland and alternate route examination work. If the wetland impact
can be reduced enough, the project may again qualify under the criteria for a regional permit.
Any unused funds that were earmarked for these efforts can then be redirected for use in the
design o f t he new roadway alignment. A n additional a mendment for d etailed d esign will b e
presented to City Council if it is determined that a new roadway alignment is feasible.
A project location map is attached as Exhibit A. Amendment No. 1 is attached as Exhibit B.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
ECC
FINANCIAL IMPACT
Amendment No. 1 with CMT will total $135,000. Funding is budgeted ($3,863,870) and
available ($3,860,000) in the Riverboat Lease Fund, account number 276-0000-791.93-80,
project number 339783, Spartan Drive Extension (Section 2) Construction. Per the agreement
with Elgin Community College, the City will initially pay for 100% of the project cost and be
reimbursed 50%of this cost.
The revised not-to-exceed agreement amount with CMT will now total $320,353.47.
v\AVLEGAL IMPACT
None
t
. .
r Amendment No. 1 (CMT) Spartan Dr. Ext.—Section 2
January 23, 2004
Page 3
ALTERNATIVES
1. Authorize Amendment No. 1 with CMT.
2. Do not authorize Amendment No. 1 with CMT.
Respectfully submitted for Council consideration.
(do)
Attachments
eilk
r
r Spartan Drive Extension — Section 2
Location Map
ii,II
�� _, x SJ 3
e L.
z zMil
il—
bL.i.e .iik.. 1.4,14.0,iiiirtair.
irniiI„.„
� [i]
tn.
p� � � .. rl.r
Z /\.,___LL
P
offlots .1 Fleetwood Dr
(elk ) C) 1 S.artan Drive
15g
yi"--- Pa
Section 2
.3 d
cu
t. J
Wield Ir isjoirlr U
I 12
lis r
Illndlen
N at
d
CJ`a,,
t* C
1 Iltiti -11114( .'44 ,ce
Bowes Rd r